bk8 





filass 1L, UL% 
Book_J^A4_ 



(P.9H<h 



BECO!srSTE,1TCTIO]Sr. 



SPEECH 



HON. FRANK" C. Le BLOND, 



OF OHIO, 



DELIVERED 



IK" TEE HCfTJSE OF REPRESENTATIVES, April 7, 1866. 



WASHINGTON, D. C. : 

PRINTED AT THE "CONSTITUTIONAL UNION" OFFICE. 
1866. 



„V\-V > '.-.: 






W«at. Eee. Hist. Boo. 



SPEECH. 



The KQuse, as in Committee of the Whole on 
the State of the Union, having under considera 
tion the President's annual message- 
Mr. LE BLOND said: 

Mr. Speaker : The history of the 
country for the past four years is too 
well known to even justify a recapitula- 
tion as preliminary to the remarks I 
propose to submit." It is fraught with 
shame as well as glory, and may only 
be recalled to show the consistency of 
parties and men upon passing events. 

Some gentlemen recur to the bloody 
past with apparent feelings of gratifica- 
tion, and recount the deeds of carnage as 
if every brave man that fell brought joy 
but no grief. 

I would, if I could, obliterate every 
event of the fearful struggle, and leave 
it a blank in the history of a great peo- 
ple. It is true that that period has 
brought to the surface men who without 
it would never have been known ; but it 
has swept away a corresponding num- 
ber who stood high in the confidence of 
the American people. What has been 
gained upon the one hand has been lost 
upon the other. 

For the purpose of removing the cause 
of irritation that chafes the feelings of 
one portion of our people, we could well 
afford to forego the glory claimed by the 
other portion as conquerors. Silence 
and magnanimity are the surest safe- 
guards against a recurrence of acts that 
have proven unfortunate, whereas the 
taunts of the victor feed the spirit of dis- 
content, and fan it into new and more 
sanguinary outbreaks. The nation at 
this time needs such wise and concilia- 
tory statesmanship as will establish its 
unity and restore its original prosperity. 
The task is Herculean, but it can be 
done, and well done ; not by physical 
force, for that has done all that was re- 
quired, and perhaps more than was ne- 
cessary. It met a similar force, and 
overcame it ; there it should end and 
statesmanship begin. Victors may ty- 
rannize over an inferior and imbecile 
race, but not over equals, not over any i 



part of the American people who have 
been, in days gone by, associated with 
them in deeds of valor and acts of civil 
polity that have given glory and renown 
to the American name. Harsh and 
oppressive measures never heal the 
wounded spirit nor arouse the attach- 
ment that inspires patriotism, but fosters 
the rancor and nourishes the bitter ha- 
tred that sooner or later must promote 
the very evil against which such mea- 
sures are aimed. 

The Fenian movement is an illustra- 
tion of this truth, and furnishes an ex- 
ample for the statesman and food for the 
reflecting mind. From generation to 
generation this feeling is handed down, 
from sire to son, intensified by its trans- 
mission, till time and circumstances 
mature such events that the oppressed — 

" With wings 
Swifter than meditation or the thoughts of love, 
May sweep to their revenge." 

Unity may be thus secured ; but it is 
the delusive unity of force, the unity 
that ceases with the force itself. It is 
the conqueror's union ; the union of 
superior force; the union that compels 
the weak to submit to the strong ; a 
union that requires strength, but does 
not. give it — the union of master and 
slave. This is no union laid in the in- 
terest or affection of a whole nation. 
The people are not vieing with each 
other for the common good. One part is 
struggling to neutralize the efforts of the 
other. Neither concord, strength, nor 
prosperity are thus promoted. A people 
who have enjoyed the blessings of a free 
government, and know its advantages, 
cannot and will not loi\g submit to the 
domination of the oppressor. 

" Equal and exact justice to all men" 
has ever been a cardinal' principle in 
this Government, and one in which the 
people of all sections have been too 
thoroughly taught to tamely submit to 
injustice. 

The people thus taught will never be 
content with fewer privileges than their 
neighbors, and the wise statesman will 
see lhat no invidious distinction is drawn 



(P. f+/4 



between different sections or different 
classes of the same people in one com- 
mon country. 

But it is claimed by many, too many, 
that war justifies radical and permanent 
changes in our social and political sys- 
tem. Constitutions are suspended, if 
not destroyed ; laws are but cobwebs ; 
and great fundamental truths are, pend- 
ing and after the war, mere lictions. 

For instance, a grave Senator, [Mr. 
Sumner,] who is the acknowledged 
leader of the present revolutionary party, 
and has attained that eminence by offer- 
ing more revolutionary measures, and 
saying more for the colored man and 
less for the white man than any of his 
party, in a speech delivered in theSenate, 
asserted that "whatever was necessary 
to preserve the Government was con- 
stitutional." 

An infraction of the Constitution for 
the sake of the Union may be excusable 
on the ground of devotion ; but he who 
would violate that instrument and claim 
the breach itself to be constitutional, is 
either a fanatic or a madman, and in 
either case a dangerous leader and a 
much worse constitutional lawyer. The 
same idea has been advanced upon this 
floor, and with great apparent sincerity, 
by one of my colleagues [Mr. Gar- 
field.] But this may be accounted for 
by the fact that the versatile gentleman 
in question made a specialty of the 
"higher law" in his younger days, and 
has since divided his time between mar- 
tial law and politics ; consequently he is 
not expected to be very proficient in 
municipal or constitutional law. If this 
doctrine should attain in this Govern- 
ment, life, liberty, and property could 
have no guarantees for the future, and 
the whole form and theory of our politi- 
cal system would be as changeable as the 
seasons. What would be constitutional 
to-day would be unconstitutional to- 
morrow, if the party in power but will 
it. It is in fact a substitution of the will 
of an irresponsible majority for the writ- 
ten Constitution. 

I have alluded to this marvelous doc- 
trine, not that I have any fears that the 
American people in time of profound 
peace will ever indorse it, but as a speci- 
men of the many heresies of the day 
urged upon the people for sinister and 
party purposes. 

But if this were the only heresy ema- 
natingfrom high and responsiblesources, 
it might be treated with indifference and 
passed over as an idiosyncrasy ; but, 
sir, they have become too numerous and 
of too uniform a tendency to go un- 
noticed by the American people. They 
tend to disunion and, worse than dis- 
union, a total overthrow of our system 
of government. 

The time is most opportune to give 
success to sucti monstrosities. We are 
just emerging from a most fearful and 
sanguinary struggle for nationality, 
which has left the public mind in a cha- 
otic state with regard to the many new 
issues constantly arising ; and gentle- 



men here, instead of being actuated by a 
high sense of duty to the Union and the 
whole Union, seem to forget that there is 
anything more of the Union than is rep- 
resented here upon this floor, and that 
there is a higher and more binding al- 
legiance than their allegiance to party; 
other duties to perform than those for 
purely partisan ends. 

While upon this subject let me recur 
to the able speech of the great head cen- 
tre of radicalism [Mr. Stevens] in this 
House, made in the Thirty-Eighth Con- 
gress, where he says : 

"According to my judgment they ought never to 
be recognized as capable of acting in the Union, or 
being counted as valid States, until the Constitu- 
tion shall have been so amended as to secure per- 
petual ascendency to the party of the Union." * * 
" If they should grant the right of suffrage to per- 
sons of color I think there would always be Union 
white men enough in the South, aided by the 
blacks, to divide the representation and thus con- 
tinue the Republican ascendency," 

However much I may differ with the 
honorable gentleman in his revolu- 
tionary schemes, I cannot but admire 
his boldness (as I admire that of Catiline) 
in asserting his doctrines. He adheres 
to his party with a zeal worthy of a bet- 
ter cause. Party is the Alpha and Omega 
with him, and all things else are but 
secondary considerations. 

Let us look at some of the doctrines 
enunciated by this gentleman, and fol- 
low them to their logical conclusions. 
On the 10th of March, in his great "hoax" 
speech, he says': 

" I argued from this state of facts that the people 
and States within the jurisdiction of the Confede- 
rate Government had severed their former con- 
nection with the United States, and broken the 
ties which bound them together, not justl}' or le- 
gally, but in fact; that the United states had con- 
quered this formidable power, and as their con- 
querer had a right to dispose oi them as they 
deemed for their own interest, always duly regard- 
ing the law of nations." 

And in support of this theory he cites 
Vattel as follows : 

" Civil war breaks the bands of society and gov- 
ernment." * * * * • "They stand pre- 
cisely in the same predicament as two nations who 
engage in a contest." * * * * "The 
State is dissolved, and the war between the two 
parties stands on the same ground in every respect 
as a war between different nations.'' 

And then says : 

" Now, sir. this, without multiplying authorities, 
makes out my main substantive proposition, from 
which all the others are corollaries." 

He holds the connection of the South- 
ern States vvith the Union is severed, 
and that they are of necessity out of the 
Union; that they are subjugated pro- 
vinces, and the conqueror may dispose 
of their territory and people as may be 
deemed properdin short, that they have 
become Territories, and are to be treated 
as such, requiring an enabling act to 
bring them again in the Union as States. 

Now, let us see if he has sustained his 
" substantive proposition from which all 
the others are corollaries." 

Thev all hinge upon the correctness or 
fallacy of his proposition, and if he fails 
upon this proposition all the others fall 
to the ground, of course, and it is useless 
to follow up his theory further. 



V\^ PD 



I call the attention of the gentleman to 
the point. I deny that Vattel has laid 
down the doctrine in the sense in which 
the gentleman has quoted him. Vattel 
uses the following language: 

"A civil war breaks the bands of society and go- 
vernment, or at least suspends their force and ef- 
fect: it produces in the nation two independent 
parties, who consider each other as enemies, am l 
acknowledge no common judge. These two par- 
ties must therefore be considered as thenceforward 
constituting, at least tor a time, two separate bo- 
dies; two distinct societies. They stand, therefore, 
in precisely the same predicament as two nations 
who engage in a contest, and being unable to come 
to an agreement, have recourse to arms." 

It will be observed that the gentleman 
P* has only quoted so much as in his judg- 
ment would make out his "substantive 
proposition," and omitted the balance. 
Why he has done so is too apparent. If 
he had quoted the paragraph in full the 
public would see that Vattel held that 
the bands of society were either broken 
or suspended for a time. 

If suspended, then our position is vin- 
dicated ; but if broken, then his "sub- 
stantive proposition" is sustained, and 
the point is gained upon which he can 
defend his vicious and revolutionary 
measures, if international law is at all 
applicable where you have a written 
constitution that is supreme. 

Nowhere has Vattel asserted that civil 
t war absolutely dissolves the relation of 

the rebellious States to the Federal Union. 
The relations are only suspended " for a 
time," and so soon as the cause of the 
suspension is removed the former rela- 
tions at once attach. (And in this con- 
nection, let me say that Vattel died long 
before this Government was formed, and 
his law can only apply where there is no 
written constitution in conflict with it.) 

Such is the theory of the Constitution 
and such the declared policy of the Gov- 
ernment at the beginning of the war and 
during its continuance. The Constitu- 
tion and laws follow our flag throughout 
the length and breadth of our domain, 
and as the contending hosts are driven 
back the Constitution with all its guaran- 
tees gives protection to the person, pro- 
perty, and rights of the non-combatants 
within our lines, '['his theory is correct, 
just, and humane, and its effect most 
salutary. It preserves intact the unity 
of the States ; it protects the liberty and 
property of the citizen wherever found; 
it encourages love of our institutions, 
and does away with the complication 
and injustice consequent upon the theory 
of "dead States." 

By the tueory of the gentleman, if a 
bare majority of the people of a State 
should resolve to resist the Federal 
authority, and should resist it but for 
one day only or even an hour, that State 
whose people thus resisted would be out 
of the Union or dead, and could not 
again be recognized as a State in the 
Union till an enabling act was passed by 
Congress, giving it vitalitj'. 

The idea that a mere attempt to revo- 
lutionize should forever destroy the pre- 
existing relations of the States is hardly 
worthy of serious consideration. 



And what is worse than all is that this 
loyal minority, which lacks but one of 
being a majority, should bo taxed with- 
out representation, and legislated for 
without a voice in the laws they are re- 
quired to obe3>\ 

Mr. Speaker, it would be an easy task 
to prove by the "boys in blue," by men 
of all parties, by congressional enact- 
ment, that the sole object of the war was 
to preserve the Union and not to destroy 
it ; to enforce the laws, and not to abro- 
gate them ; to protect and defend the 
loyal, and not to subjugate them. It was 
to prevent the people of those States from 
doing what we are now told has been 
done— from destroying the Union. 

Two years ago, a man who had the 
boldness to assert the right of a State to 
withdraw from the Federal Union, would 
have been denounced by the whole abo- 
lition phalanx as a traitor to his country. 
To even denounce the policy of the late 
President was constructive treason ; but 
now men can denounce the present Chief 
Executive as a traitor and a syuqjathizer 
with Davis, and even hold out induce- 
ments for his assassination, and that is 
loyalty to the Union. 

Who, sir, does not remember the day 
when my then colleague (Mr. Long) 
made his speech upon this floor in favor 
of the right of the States to withdraw 
from the Union, and in condemnation of 
the policy of the Administration? 

It was a scene long to be remembered. 
Our honorable Speaker with eager haste 
left his high position and came upon the 
floor for the purpose of preferring charges 
against my colleague, and demanded his 
expulsion from this hall. And the House, 
I will not say with indecent haste, but 
with unusual haste began his^trial, which 
ended in his censure. 

What more, I ask, was claimed by my 
colleague as a right than is now asserted 
as an existing fact by those who were 
foremost in his censure? What a change 
has come over the spiritof their dreams. 

The insurrection is put down ; the su- 
premacy of the Federal authority is vin- 
dicated in every part of the territory in 
rebellion; the military power of the re- 
volted race is overthrown ; the hostile 
armies are disbanded, and their arms are 
in the hands of the victors ; their soldiers 
have scattered to their homes, and are 
now engaged in the peaceful avocations 
of life. 

The Confederate government faded 
away with the dissolving armies, and 
each constituent State is now organized 
under Federal authority, and in full ex- 
ercise of its functions as a State. They 
have elected their Senators and Repre- 
sentatives to Congress under Federal 
law, and are here now knocking at the 
door for ad mission. They are met at the 
threshold by the distinguished gentle- 
man from- Pennsylvania, and told, "No, 
no; you are from dead States — from Ter- 
ritories which are not entitled to repre- 
sentation till we give them life. You 
have torn your constitutional States into 
atoms, and built on their ruins fabrics 



of a totally different character. Dead 
men cannot raise themselves ; dead States 
cannot restore their own existence as it 
was." 

Mr. Speaker, imagine Hon. Mr. Stokes, 
of Tennessee, who periled his life in de- 
fence of the Union, with his colleagues, 
all of whom were elected under the Con- 
stitution and laws of the United States, 
approaching the main entrance to this 
Hall, where they are met by Mr. Ste- 
vens, at the head of the SheTlabargers, 
Ashleys, Conklings, and all the New 
England delegation, and denied admis- 
sion. 

"But," they say, " we are loyal, and 
have been elected by the qualified elec- 
tors of our State, and are entitled to our 
seats under the Constitution." 

Our venerable friend replies that there 
is no sufh State in this Union. 

" What has becnne of it?" 

" It is dead — dead by the attempt to se- 
cede, as my Vattel says." 

" But we were told that the war was to 
preserve the Union and enforce the laws ; 
and Mr. Lincoln said : 

" 'Lest there should be some uneasiness in the 
minds of candid men as to what is to be the course 
of the Government toward the Southern States 
after the rebellion shall have been suppressed, the 
Executive deems it proper to say it will be his pur- 
pose then, as ever, to be guided by the Constitution 
and laws.' * * *.•*.** 

* * * ' He desires to preserve the Gov- 

ernment that it may he administered lor all as it 
was administered by the men who made if. Loyal 
citizens everywhere have a right to claim this of 
the Government, and the Government has no right 
to withhold or neglect it.' 

"And we believed him, and fought 
under the stars and stripes for that pur- 
pose." 

"The war is now over, and things 
have changed since then." 

" But not to change our rights, and we 
will enter." 

" Back, back! You are alien enemies, 
and have no rights." 

" Then all our devotion to the Union 
but makes us alien enemies; and the 
loss of blood and treasure to save the 
Union is useless waste." 

" Be quiet, gentlemen, be quiet. We 
can only ' thus continue the Republican 
ascendenc3 r .' " 

This colloquy, Mr. Speaker, is but a 
recapitulation of what has already tran- 
spired, and yet the chief actors in this 
scene claim to be loyal, and stigmatize 
those who are for the Union, and the 
whole Union, as sympathizers with 
rebels— disutiionists. " What, sir, is more 
ridiculous, what more unj ust, what more 
anti American? Judge, soldiers, for 
what you fought — union or disunion. 

Mr. Speaker, I now propose to show 
that the true theory upon this subject is 
not to be found in Yattel or any' other 
author upon international law,' but in 
that great American authority, the Con- 
stitution, which is paramount to all law. 
It is the rock upon which our Govern- 
ment rests, and the Government is a 
model without a parallel. Mr. Madison 
has truly said that — 

"The compound Government of the United 
States is without a model, and to be explained by 
itself, not by similitudes or analogies." 



In that instrument is found the power 
of preservation of the Government, with- 
out doing violence to a single State, or 
resorting to international law. 

I maintain now, as in a former speech 
upon this floor, that a State once in this 
Union is always in except by successful 
revolution. And when I assert that as a 
fundamental principle in our Govern- 
ment, I only reiterate what was the al- 
most unquestioned doctrine of Congress 
and the people of the adhering States. 
lam aware that the people of the rebel- 
lious States, together with the aboli- 
tionists of the North, claimed the right 
of nullification and secession ; but the 
unanimity with which the North resisted 
the attempt must forever settle that 
question. If our organic law had not 
provided a remedy whereby an insur- 
rection or rebellion might be put down 
and the unity of the States preserv- 
ed, then I admit that we would have 
to resort to the publicists to determine 
how far revolution affected the relation 
of the State to the Federal Government. 
We need not look further than the Con- 
stitution to find ample power vested in 
the Federal Government to repel inva- 
sion, foreign or domestic, and to sup- 
press insurrection or rebellion. Section 
eight, article one, provides that Congress 
shall have power " to raise and support 
armies." and *'to provide and maintain 
a navy." 

Under this power we raise our stand- 
ing Army and maintain our Navy, among 
other things, to repel foreign invasion 
and protect our commerce on the high 
seas. This power is all that is necessary 
in ordinary times and upon ordinary 
occasions. But in the same article and 
section is to be found this further grant: 
" Congress shall have power to provide 
for calling forth the militia tr> execute 
the laws of the Union, suppress insur- 
rection, and repel invasion." This is a 
power ceded by the States to the Federal 
Government for the purpose of enabling 
it to enforce and execute its laws over 
the people of each and every State of the 
Union, to suppress insurrection when- 
ever and wherever it might arise, and to 
repel invasion from whatever source it 
might come. I hope it will not be 
thought discourteous in me or in any 
manner reflecting upon the wisdom of 
this House, to say that the framers of 
that Constitution evinced more wisdom 
and foresight than is justly attributable 
to this House. They foresaw the events 
we have just passed through nearly three- 
quarters of a century in advance, and 
clothed Congress and the Federal head 
with ample and complete power to sup- 
press the most gigantic insurrection 
known to the civilized world. If this 
grant of power means anything it is that 
the status of the States in the Federal 
Union shall forever be preserved. And 
this extensive power is given to compel 
submission by the people of the States 
to the Constitution and laws. This pro- 
vision has direct reference to the States; 
for no one will contend that the people 



of one Government can rebel against 
another. 

And this power, above all others, is the 
most essential to preserve our national- 
ity ; for without it there is no warrant to 
enforce the laws over any State or part 
of a State where they refuse to obey. It 
is in fact, the cohesive power of the'Gov- 
ernment. 

But, sir, while you find ample power 
to create, protect, and preserve a State, 
there is none to destroy or unmake, and 
he who searches will search in vain. 
You will also find that States are created 
out of Territories ; but Territories out of 
States, never. 

We see, too, that the Constitution con- 
templates the possibility of rebellion or 
insurrection, but nowhere is it provided 
that thereby the State whose people are 
in rebellion shall lose its identity as a 
State in the Union and become a Terri- 
tory. Such a provision would have de- 
feated the plain intent and object of the 
Constitution, the purpose for which the 
States united themselves and delegated 
this authority to keep them together as 
a family, as a nation, by which we are 
destined to become great among the na- 
tions of the earth, and without which we 
would be weak and contemptible. If 
this is not the object of that provision of 
the Constitution, then this power is 
worse than useless. 

Mr. Speaker, as another argument that 
the rebellious States are out of the Union, 
and the people thereof not entitled to 
representation, it is said that belligerent 
rights were accorded to them. 

Now, sir, the Constitution being silent 
upon this subject, such a measure would 
be dictated by humanity itself in order 
to soften the horrors of war, which are 
in their mildest form appalling. In this 
connection it is only to be regretted that 
we had then and still have at the head of 
the War Department a Nero, who, cruel 
as the dogs of Corinth, gorged upon 
human flesh and gore ; who refused to 
carry out the cartel and save the lives of 
the thousands and tens of thousands 
who were perishing at Andersonville. 

At all times during the war it was the 
declared policy of the Government that 
it waged no war of conquest or subjuga- 
tion ; that its sole object was the main- 
tenance of the Union, the preservation of 
the Constitution, and the enforcement of 
the laws. So said Congress ; so said Mr. 
Lincoln in his messages and proclama- 
tions ; and so said the present Chief Ex- 
ecutive on the 13th June, in his procla- 
mation declaring the insurrection in the 
State of Tennessee to be ended.. And 
again, in his proclamation of the 2d 
April, 1S66, where he says : 

" And whereas the House of Kepresentatives, on 
the -22d day of July, 1861, adopted a resolution in 
words following, namely: 

" Resolved, By the House of Representatives of 
the Congress of the United States, that the present 
deplorable civil war has been forced upon the 
country by the disunionistsof the Southern states, 
now in revolt against the constitutional Govern- 
ment, and in arms around the Capitol; that in 
this national emergency Congress, banishing all 
feelings of mere passion or resentment, will recol- 
lect only its duty to the whole country; that this 



war is not waged on our part in any spirit of op- 
pression, nor for any purpose of conquesl <->r sub- 
jugation, nor purpose of overthrowing or inter- 
fering with the rights or established institutions of 
those states, but to maintain ami defend the 
supremacy of the Constitution; and to preserve 
the Union with ail its dignity, equality, and rights 
of the several states unimpaired ; ami that as soon 
as those objects are accomplished, the war ought 
to cease. 

"And whereas the Senate of the United Stales, 
on Hie 25th day of July, 1861, adopted a resolution 
iii tlie weeds following lo wit: 

•■' Scs(jlvol, That lie' present deplorable civil 

war has been forced upon the country by the dls- 

unionists of the Southern States, now in revolt 
against the constitutional Government, and in 
arms around the Capitol; that in this national 
emergency Congress, banishing all feeling of mere 
passion or resentment, win recollect only iis duty 
to the whole country; that this war is not prose- 
cuted on our part in any spirit of oppn ssion, nor 
for any purpose of conquest or subjugation, nor 
purpose of overthrowing or Interfering with the 
rights or established institutions of those States, 
but to defend and maintain the supremacy of the 
Constitution and all laws made in pursuance 
thereof, and to preserve the Union with ali the 
dignity, equality, and rights of the several States 
unimpaired; that as soon as these objects are ac- 
complished the war ought to cease.' 

"And whereas these resolutions, though not 
joint or concurrent in form, are substantially 
identical, and as such may be regarded as having 
expressed the sense of Congress upon the subject 
to which they relate: 

"And whereas by my proclamation of the 13th 
day of June last the insurrection in the State of 
Tennessee was declared to have been suppressed, 
the authority of the United States therein to be 
undisputed, and such United States officers as had 
been duly commissioned to be in the undisputed 
exercise of their official functions; and whereas 
there now exists no organized armed resistance of 
misguided citizens or others to the authority of the 
United States, in the States of Georgia. South Caro- 
lina, Virginia, Korth Carolina. Tennessee, Ala- 
bama, Louisiana, Arkansas, Mississippi, and Flo- 
ridav, and the laws can be sustained and enforced 
therein by the proper civil authority, state or 
Federal, a'nd the people of said States are well and 
loyally disposed, and have conformed or will con- 
form in their legislation to the condition of affairs 
growing out of the amendment to the Constitution 
of the United States, prohibiting slavery within 
the limits and jurisdiction of the United States: 
and whereas, in view of the betore recited pre- 
mises, it is the manifest determination of the 
American people that no State, of its own will, has 
the right or the power to go out of, or separate it- 
sell from, or be separated from the \ merican Un- 
ion, and that therefore each State ought to remain 
and constitute an integral part of the United 
States." 

Both Mr. Lincoln and Mr. Johnson 
have at all times been uniform in their 
messages and proclamations in treating 
those States as States in the Union, and 
the people only in revolt. They have at 
all times considered the war as being 
waged for the sole purpose of putting 
down the rebellion and enforcing the 
laws. This idea pervaded every de- 
partment of Government up to a very 
recent period, and none understood it 
more perfectly than the Army and Navy, 
with their Commander-in-Chief, the 
President. Every battle fought, every 
city taken, was for that purpose, and 
no other. Grant, Sherman, Thomas, 
and Farragut, speaking in the name and 
by the authority of the Commander-in- 
Chief, everywhere asserted it ; but none 
more eloquently, accurately, and con- 
stitutionally than did the gallant Farra- 
gut in his demand for the surrender ol 
New Orleans, addressed to the Mayor of 
that city, as follows : 

" I came here to reduce New Orleans to obedience 
to the laws, and to vindicate the offended majesty 
of the Government. The rights of persons an. 
property shall be secured. I therefore demand 
the unqualified surrender of the city, and that the 



dm 

■ u> 



emblem of sovereignty of the United States be 
hoisted upon the city hall. mint, and custom house, 
by meridian this day, and all emblems of sover- 
eignty other than those of the United States must 
be removed from all public buildings from that 
hour." 

The Army carried out in good faith 
what had been the declared policy of the 
Government and the American people, 
and what alone could be their mission 
under the Constitution and laws of Con- 
gress. Congress passed sundry laws 
and resolutions defining the stoats of the 
States and the attitude of the General 
Government; and in none have they 
treated the States as out of the Union, 
or the inhabitants as alien enemies. The 
very first act passed which authorized the 
President to proclaim rebellion treated 
the States as States in the Union: 

•' Then and in such case it may and shall he law- 
ful for the President by proclamation to declare 
that the inhabitants of such State or states, or 
any section or part thereof where such insurrec- 
tion exists, are in a state of insurrection against 
the United states, and thereupon all commercial 
intercourse by and between the same and th<- citi- 
zens thereof, and the citizens of the rest of the 
United States, shall cease and be unlawful, so 
long as such condition of hostility shallcontinue." 

The act of June 7, 1862, which pro- 
vides for the purchasing of lands sold 
for taxes in insurrectionary districts, 
uses this language : 

" Until the said rebellion and insurrection in 
said states shall be put clown, and the civil au- 
thority of the United States established, and until 
the people of said State shall elect a Legislature 
and State officers, who shall take an oath to sup- 
port the Constitution of the United States, to be 
announced by the proclamation of the President." 

By the act of March, 1862, apportion- 
ing "Representatives among the several 
States, the Southern States are treated 
precisely as the Northern States, having 
each its due share of representation al- 
lotted to it. And these precedents may 
be multiplied to an indefinite extent. 
Till the present session of Congress as- 
sembled, after the rebellion vanished, all 
our legislation looked to but one result, 
the restoration of the Union as it was. 

But, sir, why argue these propositions? 
They are among the cardinal principles 
of this Government, thoroughly under- 



stood, and always carried out, except 
when personal interest, partisan feeling, j 
or spoils of office intervene. 

While the booming of hostile guns I 
rattled the windows of the very Capitol, 
and the dome itself trembled at 

"The muffled tread of thousands," 
none could be found on that side of the I 
House who was not willing to sacrifice 
even the constitution to preserve the 
Union, enforce the laws, and restore 
peace and tranquility. But now, when | 
the dread legions of the South are driven I 
back, decimated and crushed, when the j 
clash of arms echoes faintly through the I 
vista of time, now, when the triumph of j 
the Union is complete for the first time, 
the doctrine of dead States, dissevered 
Union, alien enemies, subjugated prov- 
inces, and enabling acts is gravely ad- 
vanced and considered. Vattel, Grotius, 
and Rutherford have hitherto been but 
ornaments to the well-furnished law 
library, or used only to teach the student 
the principles that govern separate na- 
tions in their intercourse. 

But now these primitive authorities 
are brought forward and perverted to 
displace and overthrow the organic law 
of the land, the fundamental principles 
of the Government. 

And where these authors, misquoted, 
misconstrued, and misapplied, fail to 
furnish a pretext, and where the violation 
of the Constitution is too flagrant, you 
can see the Jacobins vieing with each 
other to gain the Speaker's recognition, 
to introduce some constitutional amend- 
ment deifying the negro at the expense 
of the white man. This spirit has al- 
ready brought before the American Con- 
gress upwards of thirty-seven proposed 
constitutional amendments, and quite as 
many bills, all tending to the same end, 
and yet they come. 

When shall this Jacobinism cease? 
When shall party fealty yield to country 
and constitutional liberty? Time, the 
great disposer of events, a wise, j ust, and 
magnanimous people, and an overruling 
Providence must determine. 



Gaylpfd Bros. 

Makers 

Syracuse, N. Y. 

PAT. JAN. 21, 



LIBRARY OF CONGRESS 



ii I I III 

013 744 670 4 



/* 



